The trademark reform in Mexico is now a reality

Some important changes to the Trademark law in Mexico came into force on 10.08.2018. According to them:

• non-traditional marks are allowed for protection;
• consent letters and coexistence agreements will be accepted by the Patent Office;
• refusals based on lack of distinctiveness will be overcome by acquired distinctiveness;
• the Patent Office will issue decisions on trademark oppositions;
• all Office actions will be published in its official gazette;
• there will be a 10% reduction in office fees for online applications for trademarks;

In addition to this: “In particular, for all trademarks filed or granted after 10 August 2018, submision of a declaration of actual and effective use will be required once the trademark becomes subject to use (the declaration needs to be presented within 3 months once 3 years have elapsed since registration of the trademark).”

Furthermore: “Another important change brand owners have to be aware of is that trademarks can no longer be filed for a broad range of goods and services but only for the specific goods and services of interest.”

Source:  Bernardo Herrerias Franco, Alfredo Pineda Nieto and Valentina Schmid (Hogan Lovells) on Lexology.